The International Legality of Self-Defense Against Non-State Actors: State Practice from the U.N. Charter to the Present
Wydawca: Peter Lang
The International Legality of Self-Defense Against Non-State Actors: State Practice from the U.N. Charter to the Present The international right to self-defense was subject to legal and political controversies long before September 11, 2001. On several occasions, states resorted to defensive military force against different internationally operative armed groups. This work seeks to show the precise conditions for self-defense against non-state actors as indicated by state practice since 1945. Based upon a detailed evaluation of almost 20 relevant conflicts, it is argued that state practice does not warrant limiting Article 51 of the U.N. Charter to armed attacks by states and ignoring non-state attackers. In fact, states almost never contended that already the formal legal nature of a non-state attacker excludes the possibility of military self-defense. The current view of the International Court of Justice is insofar not consonant with state practice. Autor: Gregor Wettberg Wydawnictwo: Peter Lang AG Rok wydania: 2007 Okładka: miękka Liczba stron: 268 Wymiary: 15 x 20.9 x 1.8 cm Ilustracje: tables Język: angielski ISBN: 9783631570982
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